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PC R 02-1830RESOLUTION NO. 02-1830 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE PARCEL MAP CASE NO. 00-007, LOCATED AT 1405 EAST GRAND AVENUE, APPLIED FOR BY E.F. MOORE & CO. WHEREAS, the applicant, E.F. Moore & Co., has filed Vesting Tentative Parcel Map 00-007 to subdivide five (5) existing commercial lots into four (4) lots consisting of 74,599, 12,891, 10,097 and 139,860 square feet; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Vesting Tentative Parcel Map Case No. 00-007 at a public hearing on March 5, 2002 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that as conditioned, this project is consistent with the General Plan, Development Code and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt under Section 15315 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. As conditioned, the proposed Tentative Parcel Map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the Arroyo Grande General Plan and the requirements of the DeVelopment Code. 2. The design of the Tentative Parcel Map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injury to fish or wildlife or their habitat. 3. The design of the subdivision or proposed improvements are not likely to cause public health problems. 4. The discharge of waste from the project into an existing c�mmunity sewer system will not result in violation of existing requirements as prescribed in Division 7 (commencing with Section 13000) of the California Water Code. 5. � Adequate public services and facilities exist or will be provided as a result of the proposed Tentative Parcel Map to support project development. The site is physically suitable for the type of development that could be permitted in the General Commercial (GC) District. RESOLUTION NO. 02-1830 PAGE 2 7. The design of the Tentative Parcel Map or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed Tentative Parcel Map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Vesting Tentative Parcel Map Case No. 00-007, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that that this approval is contingent upon Planning Commission approval of a Variance application to deviate from the minimum lot depth requirement for Parcels 2 and 3 of Vesting Tentative Parcel Map 00-007 and will become effective upon said action. On motion by Commissioner Fowler, seconded by Commissioner Guthrie and by the following roll call vote, to wit: AYES: Commissioners Fowler, Guthrie, Keen, Brown, and Chairman Costello. NOES: None ABSENT: None the foregoing Resolution was adopted this 5 day of March 2002. ATTEST: L N REARDON-SMITH, COMMISSION CLERK TO CONTENT: l� . �� JO EPH M. COSTELLO, CHAIR ROB STRONG`, COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 02-1830 PAG E 3 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP CASE NO. 00-007 E.F. Moore & Co. 1405 East Grand Avenue COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the subdivision of five (5) existing commercial lots into four (4) lots consisting of 74,599, 12,891, 10,097 and 139,860 square feet. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Vesting Tentative Parcel Map Case No. 00-007. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of March 5, 2002 and marked Exhibit �� 4. This tentative map approval shall automatically expire on March 5, 2004 unless the final map is recorded or an extension is granted pursuant to Section 16.12.040 of the Development Code. 5. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. DEVELOPMENT CODE 6. The developer shall comply with Development Code Chapter 16.20, "Land Divisions". 7. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." SPECIAL CONDITION 8. Prior to recording the map, the applicant shall either obtain an approved ' Variance or adjust the lot lines such that Parcels 2 and 3 comply with the minimum RESOLUTION NO. 02-1830 PAGE 4 lot depth requirement of 100' for the General Commercial (GC) zoning district. BUILDING AND FIRE DEPARTMENT 9. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 10. Fees - The applicant shall pay all applicable City fees at the time they are due. 11. Documents - All easements, abandonments, or similar documents to be recorded as a ocument separate from the map, shall be prepared by the applicant on 8'/2" x 11" City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsibte for all required fees, including any additional required City processing fees. � , 12. Site Maintenance - The developer shall be responsible during construction for c ea�nin�it� ts, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Public Works Director. 13. Public Works Improvements - All project improvements shall be designed and constructed in accordance with City of Arroyo Grande standards and specifications. The following improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading and drainage b. Erosion control c. Street paving, curb, gutter and sidewalk d. Water and sewer 14. Site Plan - The site improvement plans shall include the following: a. The location and size of all water, sewer, and storm water facilities within the project site and abutting streets or alleys. b. The location and size of all sewer laterals. c. The location, size and orientation of all trash enclosures. d. All parcel lines and easements crossing the property. e. The location and dimension of all paved areas. f. The location of all public or private utilities. � RESOLUTION NO. 02-1830 PAGE 5 15. Plan Sets - Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, 2 sets of prints of the approved record drawings (as builts) and electronic (e.g. Autocad) files where available. 16. Inspection Agreement - applicant shall enter into required improvements. Prior to approval of any improvement plans, the an agreement with the City for inspection of the PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 17. All project improvements shall be constructed prior to occupancy, except for non- essential improvements, which may be guaranteed by an agreement and financial securities as provided for in Section 16.68.070 of the Development Code. 18. 19. 20. All public utilities shall be operational. The main parking lot entrance path shall be designed to handle trash truck loads (TI = 5.0). The driveway entrance shall be constructed with curb returns, concrete cross- gutter and spandrels. 21. The driveway access on East Grand Avenue shall be designated as a right-in right-out only access. The access shall be delineated as Right-in right-out with a raised island, or other delineation device approved by the Public Works Director. 22. Parking lots shall be designed with a maximum cross-fall of 5%. 23 �� �J 24 Parking lot spaces shall be delineated with double striping. All grading shall be done in accordance with the City Grading Ordinance. 25. The applicant shall replace any cracked or broken curb, gutter, and sidewalk on the property, and shall replace any abandoned driveway approaches on the property with new curb, gutter and sidewalk. WATER/SEWER/UTILITIES � 27 Each parcel shall have separate water meters. Duplex service lines shall be used wherever feasible. Any on-site sewer main shall be a public facility. This will require public improvement plans and dedication of a minimum 15-foot wide easement. RESOLUTION NO. 02-1830 PAGE 6 28 29 30 31 Any existing water and sewer services shall be abandoned per the requirements of the Public Works Director. Each parcel shall be provided a separate sewer lateral. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. All new public utilities shall be installed as underground facilities. 32. All existing public overhead utilities that are onsite, and those within six feet of the .side and rear lot lines, and those along the frontage (as shown in Figure A) shall be placed underground. 33. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 34. All improvement plans review and comment. Director for approval. shall be submitted to the public utility companies for Utility comments shall be forwarded to the Public Works 35. Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. PRIOR TO RECORDING THE MAP: 36. Poplar Infiltration Basin Expansion — The applicant shall enter into an agreement with the City for the Poplar Infiltration Basin Expansion, and related public drainage improvements. K�l � Poplar Infiltration Basin Improvements — The applicant shall construct all improvements required for the Basin Expansion. Preliminary Title Report - A current preliminary title report shall be submitted to the Public Works Director prior to checking the map. 39. Improvements — All improvements specified in these Conditions of Approval, including any drainage improvements required by the Poplar Infiltration Basin Expansion Agreement, shall be completed and accepted by the City. All subdivision improvements required by these conditions shall be either: a. Fully constructed and accepted by the City; or b. Guaranteed by an improvement agreement and financial securities. The agreement and securities shall be in a form acceptable to the City. � RESOLUTION NO. 02-1830 PAGE 7 40. Bonds - The applicant shall provide bonds or other financial security for the following (all bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise): 41 42. a. b. c. d. Faithful Performance, 100% of the approved estimated cost of all subdivision improvements. Labor and Materials, 50% of the approved estimated cost of all subdivision improvements. One Year Guarantee, 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. Monumentation, 100% of the estimated cost of setting survey monuments. Tax Certificate - In accordance with Section 16.68.130 of the Development Code, the applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. Subdivision Guarantee - A Subdivision Guarantee shall be submitted to the Public Works Director at the time of Map Recordation. 43. Documents - All easements, abandonments, or similar documents to be recorded as a document separate from the map, shall be prepared by the applicant on 8.5" x11" City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing fees. 44. Recordation - At the time of map recordation, copies of all recorded documents shall be submitted to the City on either mylar sheets or 8'/2" x 11" archival quality paper. DEDICATIONS AND EASEMENTS 45. Public Utility Easement - A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to Courtland Street. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 46. Street Tree Easements - A street tree planting and maintenance easement shall be dedicated adjacent to the Courtland Street right of way. Street tree easements shall be a minimum of 10 feet beyond the right of way. 47. Private Access and Utility Easements - Private easements shall be reserved on the map or other document acceptable to the City, for shared access, drainage, water, and sewer. , �